enter into constructive dialogue with Southern Cameroons
By Mola Njoh Litumbe*
The question of hosting a celebration to commemorate "Re-Unification"
between La Republique du Cameroun with Southern Cameroons is quite
topical at this time, following the official announcement by the
Government of La Republique du Cameroun to the effect that the 50th
Anniversary Celebrations would take place in Buea on 1 October 2011 or
at some other convenient time thereafter.
In preparation for this auspicious event, there are frantic
activities to give the Municipality an overdue facelift. Along the
Molyko highway to Buea Government Station, non-permanent structures
are being demolished, while permanent structures are being painted.
In the last few days, even the Police HQ building, like the DO's
office building, which has been an eye-sore for years, has also
benefitted by receiving a coat of paint which will wash away during
the next rainy season.
Work at refurbishing the Buea Mountain Hotel is in progress. During
my inspection visit a few weeks ago, I was impressed by the speed at
which work was being performed, but in spite of outward appearances, I
observed that provision had not been made for mosquito netting to the
aluminum sliding windows, as there is no air-conditioning provided;
worse, the elegantly tiled bathrooms lack bidets which, at this day
and age, are an indispensable bathroom fitting of personal hygiene for
visiting sophisticated ladies and gentlemen!
For whatever reason all this renovation is taking place, it merely
heralds the degree of pathetic negligence of Southern Cameroons as a
whole, over the past half-century, by the state of La Republique du
Cameroun. The original intention of the founding fathers was to
create a robust Federation of two states, equal in status, with
English and French as the official languages.
For starters, the UN Res. 1608(XV) of 21 Apr 1961 which reviewed the
results of the Feb. 11/12 Plebiscite over Br Cameroons, and named the
date of 1 Oct 1961 when Southern Cameroons was to attain independence
by joining La Republique du Cameroun, was vigorously opposed by La
Republique du Cameroun that did not want Southern Cameroons to attain
independence. Although the resolution was nevertheless carried, La
Republique du Cameroun to this day has never accepted in practice that
Southern Cameroons is a separate country and, by virtue of UN 14 Dec.
1960 Universal Declaration of Independence to All Peoples that had not
yet attained independence, Southern Cameroonians, as a People, were
entitled to independence in their own right.
The so-called Federation established by Law 24/61 of 1st Sept 1961 by
the Parliament of La Republique du Cameroun was a mere change of name
of the sovereign state that had gained independence on 1 Jan 1960.
On 1st Sept 1961, Southern Cameroons was still a UN trust territory
firmly under British Administration. The Government of Southern
Cameroons had no legislative authority over defence or foreign
relations of the territory, as these powers were reserved for the
Imperial British Govt in London. How then could LRC pass a domestic
law in its Parliament, and allege, shamelessly, that this was the
basis of a Federation with Southern Cameroons! Does one entity
create a federation with itself? Besides, as a UN member state from
20 Sept 1960, LRC failed to comply with the statutory modalities for
union with Southern Cameroons, as stipulated by Art. 102 of the UN
Charter, thus making invalid any claim for union, with serious
consequences to its claim before the ICJ of title over Bakassi that is
located in Southern Cameroons.
For my part, therefore, there has never been a valid union between La
Republique du Cameroun with Southern Cameroons, in accordance with
international law. The onus is for La Republique du Cameroun to
tender the acceptable proofs of a valid union. In the absence of any
legitimate proof, La Republique du Cameroun is guilty of the
international crime of colonization of Southern Cameroons, a crime
long since proscribed by the United Nations. To hide the crime under
the colorful smokescreen of "Re-unification," does not mitigate the
consequences of violating international law. Besides, how does one
celebrate an event, e.g. a marriage that never legally took place? It
would be like celebrating a lie!
La Republique du Cameroun is strongly advised to heed the advisory
opinion of the African Commission on Human and people's rights to
enter into constructive dialogue with Southern Cameroonians, with a
view to resolving this major constitutional problem as to whether the
two parties ever joined, as well as the fact that there is no
Independent Judiciary in Cameroon because the President is
constitutionally the Supreme Magistrate that presides over the Higher
Judicial Council that hires, promotes, and disciplines all members of
the Judicial core.
I will end by quoting that eminent Nigerian Jurist, the late Judge
T.O. Elias, President of the International Court of Justice (as he
then was), in "The Role of the ICJ in Africa," 1 RADIC, 1989. p.8,
where he states:
"We are thus faced with a situation in which Third World States,
themselves the pre-beneficiaries of resolution 1514(XV) guaranteeing
the principle of self-determination of all peoples, become modern
colonizers of less fortunate peoples within their area."
*Mola Njoh Litumbe is a Cameroonian political party leader, retired
chartered accountant and minority rights campaigner
First Published in The Recorder Newspaper,Cameroon,of December 24,2012
--
The thing always happens that you really believe in; and the belief in
a thing makes it happen.
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